1. The Defendant (Counterclaim Plaintiff) paid KRW 13,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from January 9, 2018 to July 11, 2018.

1. Basic facts

A. The Plaintiff is the legal spouse of C who completed the marriage report on November 11, 2014.

B. In 2015, the Defendant became aware of C while entering the workplace where the Defendant had been employed as a policeman at the early 2015, and committed unlawful acts such as having sexual intercourse several times with C, knowing that C had a spouse, from several months to the early 2016.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence 1 through 11 (including each number in the case of additional number) and the purport of the whole pleadings

2. Judgment on the main claim

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage by committing an unlawful act with the spouse of the married couple, and infringing on the spouse’s right as the spouse, thereby causing mental pain to the spouse constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, it is reasonable to deem that the Defendant suffered mental pain to the Plaintiff by committing an unlawful act with C, the spouse of the Plaintiff, and thus, the Defendant is obliged to pay for mental pain suffered by the Plaintiff in money or consolation.

B. Considering the following circumstances as to the amount of consolation money that the Defendant is liable to compensate to the Plaintiff, the amount of consolation money shall be determined as KRW 13,00,000,000, considering: (a) the health team; (b) the period of marriage and family relationship of the Plaintiff and C; (c) the content, degree and duration of the unlawful act committed by the Defendant and C; (d) the impact of the Defendant’s unlawful act on the marital life between the Plaintiff

C. Accordingly, according to the theory of litigation, the Defendant is liable to compensate the Plaintiff for consolation money of KRW 13,00,000 as damages and for this, as sought by the Plaintiff, the Civil Act from January 9, 2018 to July 11, 2018, which is clearly indicated that it is the day following the delivery of a copy of the complaint of this case, as sought by the Plaintiff.